Trent Cotney, CEO, Cotney Attorneys & Consultants
After a summer of record heat, it is no surprise that the White House and the Occupational Safety and Health Administration (OSHA) have taken notice and are taking action. Recently, President Biden announced that the U.S. Department of Labor is addressing heat-related dangers affecting America’s workforce. The multi-step effort will specifically focus on workers who must contend with the most severe effects of heat – both indoors and outdoors – such as those in construction, agriculture, transportation and distribution.
During summer 2021, the United States experienced a number of weather-related disasters, including storms in the Northeast and Louisiana, California wildfires and the Pacific Northwest heatwave. Extreme heat has become a real concern and temperatures are likely to rise in the years ahead.
OSHA is confronting heat hazards in a few ways. First, it recently implemented an intervention and enforcement initiative to prevent extreme heat situations and protect workers in dangerously hot environments. The initiative emphasizes inspections of worksites on days with a heat index higher than 80ºF and it emphasizes necessary interventions.
In accordance with this initiative, OSHA area directors will prioritize inspections prompted by complaints and reports of heat-related dangers. They will also likely instruct OSHA compliance safety and health officers to conduct interventions at job sites or open inspections when they see employees working in strenuous, hot conditions.
Second, OSHA is working to establish a heat hazard National Emphasis Program, targeting high-risk industries and focusing its resources and staff on heat inspections. OSHA’s Region VI already has a Regional Emphasis Program for Heat Illnesses and the national program will probably build on that.
Third, the agency will form a National Advisory Committee on Occupational Safety and Health Heat Injury and Illness Prevention Work Group. The group’s mission is to better understand the challenges related to extreme heat and identify best practices for protecting workers in these environments.
Finally and most significantly, OSHA is making plans for a federal heat standard. In October, the agency issued an Advance Notice of Proposed Rulemaking to address heat injury and illness prevention in indoor and outdoor work settings. This notice initiated a
public comment period, which allows the agency to gather information, expertise and input on heat acclimation strategies, heat stress thresholds, exposure monitoring and worker protection planning. Creating and implementing a new standard is a lengthy process and can take several years. However, since the White House has indicated this standard is a priority, the timeline could be accelerated.
In the past, individual states have enacted their own rules about heat safety, but often these guidelines are not consistent or enforced. The new OSHA standard will likely outline specific provisions for access to shade and water, scheduled breaks, temperature thresholds, heat acclimation and other requirements. And undoubtedly, employers will face financial penalties if they do not follow these stipulations.
Given the heightened emphasis on extreme heat, employers are encouraged to follow current OSHA guidelines to keep their workers safe. Be proactive in implementing intervention actions on heat priority days, such as scheduling breaks for rest, water and shade. Take periodic measurements to determine your workers’ heat exposure. Also, be sure to train workers on how to recognize heat-related issues, symptoms and emergencies. When the heat standard is eventually issued, take time to review it and ensure you comply with its provisions.
If you are unsure about OSHA’s current heat guidelines or have questions about your responsibilities as an employer, be sure to consult legal counsel. An experienced OSHA defense attorney can help you understand your rights and advise you on the best
ways to protect your employees and safeguard your worksite.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.
Trent Cotney is Board Certified in Construction Law by the Florida Bar, an advocate for the roofing industry and FRSA General Counsel. For more information, contact the author at 866-303-5868 or go to www.cotneycl.com.
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